Law: Pakistan Penal Code, 1860

Section: 302(b),392,411

Law: Qanun-e-Shahadat (10 of 1984)

Section: 22

(a) Penal Code (XLV of 1860)--- ----Ss. 302(b), 392 & 411---Qatl-i-amd, robbery, dishonestly receiving stolen property---Appreciation of evidence---Benefit of doubt---Night time occurrence---Source of light---Chance witnesses--- Non-availability of justification for presence of witnesses at the place of occurrence---Effect---Prosecution case was that during the night of occurrence, the complainant along with his brother, nephew and a witness after taking dinner purchasing a book of Islamiat were returning to hostel when about 10.40 p.m they reached the main road when on one motorcycle of red colour two unknown accused of wheatish colour of average height and young age suddenly came there, who were identified in the light and one of the unknown accused raised a lalkara to hand over all the belongings to them whereupon complainant handed over to him Rs. 1500/----Witness and nephew of complainant offered resistance whereupon one of the accused persons made a straight fire hitting the face of his nephew which existed from the back of his head---Victim died at the spot---Record showed that the whole prosecution case revolved around the statements of complainant, his brother and a witness, who were related to each other---Admittedly, none of the prosecution witnesses had their residences or their houses at the place of occurrence, as such, they all were chance witnesses; however, it was very much clear that not a single person had supported the prosecution case being resident of the area---No statements of the persons from whose shop the witnesses had taken dinner or purchased the book was recorded which would have substantiated the case of the prosecution--In the absence of physical proof of the presence of the witnesses at the crime scene, their evidence could not be relied upon---Deceased had lost his life in the incident, but the fact remained that the names of the assailants were not mentioned in the oral statement of complainant---Complainant had stated that on 26.03.2009, he named out the accused persons---If every detail regarding the assailants was disclosed by complainant through his statement then holding of test identification parade was an exercise in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492